Baden et Al Creditores Phillippi nuper Com' Pembroke, Plaintiffs; Comitiss. Pembroke, Dom' Jefferies, & Domina Charlotte Ux' ejus' fil' & haeres dicti Phillippi Com' Pembroke, Defendants
| Jurisdiction | England & Wales |
| Judgment Date | 07 February 1690 |
| Date | 07 February 1690 |
| Court | High Court of Chancery |
English Reports Citation: 23 E.R. 739
HIGH COURT OF CHANCERY
[213] Case 196.-baden & Al' Creditores phillippi nuper Com' pembroke, Plaintiffs ; Comitiss. pembroke, Dom' jefferies, & Domina charlotte Ux' ejus' fiF & haeres dicti phillippi Com' pembroke, Defendants. Feb. 7 [1690]. Trevor, Bawlinson, Hutchins. Ant. p. 52, S. C. Phillip late Earl of Pembroke, upon the marriage of the now Countess of Pembroke, in consideration of ten thousand pounds portion, and pursuant to articles by which he had covenanted to charge his estate in Glamorganshire, with a rent or annuity of one thousand three hundred pounds per ann. to her for her life, and afterwards agreed to make it up one thousand five hundred pounds per ann., did by indenture, Octob. 1, 1675, demise to the Earl of Sunderland and Lord Godolphin his manors and lands in Glamorganshire, for ninety-nine years, at a peppercorn rent, and by indenture, Octob. 2, 1675, the Earl of Sunderland and Lord Godolphin redemise the premises to Earl Phillip, for ninety-eight years and eleven months at a peppercorn rent during his life, and after his death one thousand five hundred pounds per ann. by half yearly payments, during the life of the Countess, for her jointure, and after her death, a peppercorn rent during the residue of the term, with a covenant for payment of the rent, and a clause of re-entry for non-payment. [214] The said late Earl by way of demise and redemise, had secured the payment of several annuities for life, viz. for securing an annuity of seventy pounds per ann. to one Uphill for life, the said late Earl and his trustees had demised a meadow called Burdinsball meadow, to Richard Uphill, for ninety-nine years, and Uphill by indenture, bearing date the next day after, redemised the premises to the late Earl, for ninety-eight years and six months, reserving the rent of seventy pounds per ann. during Uphill's life, and a peppercorn during the residue of the term, a clause of re-entry, and a covenant from Uphill, if the rent was paid, to surrender the term ; and in like manner secured other annuities to Negus and others. The said Earl also with his trustees to secure four thousand pounds to his three sisters, and four hundred pounds per ann. to the present Earl, demised several manors and lands in Monmouthshire to...
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Heir and Ancestor
...if there are more Debts due than the Testator's Personal Estate is sufficient to pay. Mich. 1692, decreed, Hoskins and Savoy, S. P., 2 Vern. 213, 215. Baden and Countess of Pembroke. (S. 0. but not S. P. ante [1 Eq. Ca. Abr.], 241; 2 Vern. 52; 3 Oh. Rep. 217). (If a Man for £ 100 assumes t......